Bill Text: CA SB1226 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Veterans: professional licensing.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2014-09-27 - Chaptered by Secretary of State. Chapter 657, Statutes of 2014. [SB1226 Detail]

Download: California-2013-SB1226-Introduced.html
BILL NUMBER: SB 1226	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Correa
   (Coauthor: Assembly Member Mansoor)

                        FEBRUARY 20, 2014

   An act to amend Section 83123.5 of the Government Code, relating
to the Political Reform Act of 1974.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1226, as introduced, Correa. Political Reform Act of 1974:
local campaign finance reform.
   Existing law authorizes the Fair Political Practices Commission,
upon mutual agreement between the Commission and the Board of
Supervisors of the County of San Bernardino, to have primary
responsibility for the impartial, effective administration,
implementation, and enforcement of a local campaign finance reform
ordinance of the County of San Bernardino. Existing law authorizes
the Commission to investigate possible violations of the local county
campaign finance reform ordinance and bring administrative actions
against persons who violate the ordinance, as specified. Existing law
requires the Board of Supervisors of the County of San Bernardino to
consult with the Commission prior to adopting and amending any local
campaign finance reform ordinance that is subsequently enforced by
the Commission. Existing law specifies that the Board of Supervisors
of the County of San Bernardino and the Commission may enter into any
agreements necessary and appropriate for the operation of these
provisions, including agreements for reimbursement of state costs
with county funds, as specified. Existing law provides that the Board
of Supervisors of the County of San Bernardino or the Commission
may, at any time, by ordinance or resolution, terminate any agreement
for the Commission to administer, implement, or enforce the local
campaign finance reform ordinance or any provision thereof. Existing
law requires the Commission to report to the Legislature with
specified information on or before January 1, 2017, if the Commission
enters into an agreement with the Board of Supervisors of the County
of San Bernardino.
   This bill would extend these provisions to the County of Orange.
   The bill would make legislative findings and declarations
concerning the need for special legislation.
   The Political Reform Act of 1974, an initiative measure, provides
that the Legislature may amend the act to further the act's purposes
upon a 2/3 vote of each house and compliance with specified
procedural requirements.
   This bill would declare that it furthers the purposes of the act.

   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 83123.5 of the Government Code is amended to
read:
   83123.5.  (a) Upon mutual agreement between the Commission and the
 Board   board  of  Supervisors
  supervisors  of  the County of San
Bernardino,   a participating county,  the
Commission is authorized to assume primary responsibility for the
impartial, effective administration, implementation, and enforcement
of a local campaign finance reform ordinance passed by the 
Board   board  of  Supervisors 
 supervisors  of the  County of San Bernardino
  participating county  . The Commission is
authorized to be the civil prosecutor responsible for the civil
enforcement of that local campaign finance reform ordinance in
accordance with this title. As the civil prosecutor of the 
County of San Bernardino's   participating county's
 local campaign finance reform ordinance, the Commission may do
both of the following:
   (1) Investigate possible violations of the local campaign finance
reform ordinance.
   (2) Bring administrative actions in accordance with this title and
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2.
   (b) Any local campaign finance reform ordinance of the 
County of San Bernardino   participating county 
enforced by the Commission pursuant to this section shall comply with
this title.
   (c) The  Board   board  of 
Supervisors   supervisors  of the  County
of San Bernardino   participating county  shall
consult with the Commission prior to adopting and amending any local
campaign finance reform ordinance that is subsequently enforced by
the Commission pursuant to this section.
   (d) (1) The  Board   board  of 
Supervisors   supervisors  of the  County
of San Bernardino   participating county  and the
Commission may enter into any agreements necessary and appropriate to
carry out the provisions of this section, including agreements
pertaining to any necessary reimbursement of state costs with county
funds for costs incurred by the Commission in administering,
implementing, or enforcing a local campaign finance reform ordinance
pursuant to this section.
   (2) An agreement entered into pursuant to this subdivision shall
not contain any form of a cancellation fee, a liquidated damages
provision, or other financial disincentive to the exercise of the
right to terminate the agreement pursuant to subdivision (e), except
that the Commission may require the  Board  
board  of  Supervisors   supervisors 
of the  County of San Bernardino   participating
county  to pay the Commission for services rendered and any
other expenditures reasonably made by the Commission in anticipation
of services to be rendered pursuant to the agreement in the event
that the  Board   board  of 
Supervisors   supervisors  of the  County
of San Bernardino   participating county 
terminates the agreement.
   (e) The  Board   board  of 
Supervisors   supervisors  of the  County
of San Bernardino   participating county  or the
Commission may, at any time, by ordinance or resolution, terminate
any agreement made pursuant to this section for the Commission to
administer, implement, or enforce a local campaign finance reform
ordinance or any provision thereof.
   (f) If an agreement is entered into pursuant to this section, the
Commission shall report to the Legislature regarding the performance
of that agreement on or before January 1, 2017, and shall submit that
report in compliance with Section 9795. The Commission shall develop
the report in consultation with the  County of San
Bernardino   participating county  . The report
shall include, but not be limited to, all of the following:
   (1) The status of the agreement.
   (2) The estimated annual cost savings, if any, for the 
County of San Bernardino   participating county  .
   (3) A summary of relevant annual performance metrics, including
measures of utilization, enforcement, and customer satisfaction.
   (4) Any public comments submitted to the Commission or the
 County of San Bernardino   participating county
 relative to the operation of the agreement.
   (5) Any legislative recommendations. 
   (g) For purposes of this section, "participating county" means the
County of Orange or the County of San Bernardino.  
   (g) 
    (h)  This section shall remain in effect only until
January 1, 2018, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2018, deletes or
extends that date.
  SEC. 2.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the necessity to ensure the integrity of the electoral
process while reducing corruption, and the appearance of corruption,
in the County of Orange.
  SEC. 3.  The Legislature finds and declares that this bill furthers
the purposes of the Political Reform Act of 1974 within the meaning
of subdivision (a) of Section 81012 of the Government Code.
                                  
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